Professor Amann Comments on Kagan for Huffington Post, ForeignPolicy.com
Professor Diane Marie Amann commented on Supreme Court nominee Elena Kagan's views on international law, comparative, and transnational law for media including the Huffington Post and ForegnPolicy.com last week.
In an entry on the IntLawGrrls legal blog that was also published on the Huffington Post news website, Professor Amann writes that Kagan "has among the sparsest written record of public writings of any nominee in decades. Consideration of the question of Kagan and international law thus requires resort to reading tea leaves." Professor Amann examines Kagan's career, from her time as a clerk for U.S. Supreme Court Justice Thurgood Marshall, through her work as a legal scholar and her tenure as dean at Harvard Law School to her stint as the Solicitor General for the Obama administration, and finds "in short, a mixed bag" demonstrating that Kagan is surely aware of the major issues in international law but hasn't expressed clear opinions on them.
Similarly, Professor Amann commented in an interview with ForeignPolicy.com that Kagan has not "tipped her hand" with regard to international law issues, including the debate over citing foreign case law and using international standards to inform judgments.
"She's not an international lawyer," said Professor Amann. "Her specialty in academia was domestic constitutional law, the law of the U.S. federal court. She did not write on issues related to international law. It's probably fairest to say she comes to the confirmation hearings with an almost clean slate on these issues."
Diane Marie Amann is a Professor at the UC Davis School of Law and Director of the California International Law Center at King Hall (CILC).
Huffington Post essay
Foreign Policy interview